Research On The Standardization Of Sentencing Of Cyberspace Crimes

Cyberspace crime is a new type of crime added in the Criminal Law Amendment(IX).There are few scholars involved in the criminal justice application of cyberspace crime.It is only mentioned in some chapters of the overall study of cybercrime.There is currently no systematic research.However,empirical research has found that cyberspace crime is extremely irregular in the application of sentencing.Therefore,this paper begins to study the specific problems of cyberspace crime in judicial application,and then puts forward reasonable suggestions from the standardization of sentencing,hoping to benefit the increasingly discretionary problem of cyberspace crime.The thesis is divided into four parts.The first part is an overview of cyberspace crime.From the formation of cyberspace crime,the definition of concept,and then to other cybercrime,it illustrates the characteristics of cyberspace crime and the status quo of legislation.Thus,the object to be elaborated in this paper is one of the categories of cybercrime,namely cyberspace crime.The second part,through the existing legislation,combined with the judgment of retrieving cyberspace crimes in the Chinese legal document referee network,carries out empirical analysis and research,and draws the current situation of sinus dilemma in cyberspace crimes in judicial practice,and there are standards for the application of sentencing circumstances.Confusion,irregularities in sentencing,etc.Then from the direct reflection of the problem to the analysis of internal causes,it is summarized into three aspects:1.Due to the lack of guidance on the reasonable sentencing theory of cyberspace crime,the concept of sentencing is not scientific enough;2.In terms of sentencing circumstances,there is a total sentencing plot.The quantification is unclear,and there is no reference to the unified sentencing standard;3.In the application of sentencing,the sentencing circumstances are subject to confusion,the responsibility of the rules is rough,and the role of prevention of the plot is limited.This will set a target for the practicality and necessity of this study.The third part is based on the second part of the empirical research,and then put forward suggestions in theory,legislation,and specific judicial application operations,specifically:1,from the correct treatment of criminal policy and strict adherence to the principles of criminal law,establish Scientific sentencing concept;2.Refine the sentencing circumstances,quantitatively process,and formulate a unified sentencing benchmark;3.In terms of legislation,improve the legal norms of cyberspace crimes;4.In judicial application,reasonably identify cyberspace crime prevention The role of the plot is mainly to increase the importance of the prevention of the plot,and to play a preventive role in the legal and reasonable scope.The fourth part puts forward countermeasures from the system construction of cyberspace crime sentencing and punishment.On the one hand,the typical guiding cases of cyberspace crime are regularly issued to guide judicial practice;on the other hand,strengthen the referee's argumentation,Strengthen the normative nature of judges'judgments.